How does U.S. patent law differ from other countries regarding inventorship?
The MPEP highlights a key difference between U.S. patent law and that of other countries regarding inventorship: “The requirement that the applicant for a patent in an application filed before September 16, 2012 be the inventor(s) (except as otherwise provided in pre-AIA 37 CFR 1.41), and that the inventor or each joint inventor be identified…
Read MoreWhat types of U.S. patent documents are considered prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), three types of U.S. patent documents are considered prior art as of their effective filing date if they name another inventor: U.S. patents U.S. patent application publications World Intellectual Property Organization (WIPO) publications of international applications that designate the United States As stated in the MPEP: “AIA 35 U.S.C. 102(a)(2)…
Read MoreWhat types of U.S. patent documents qualify as prior art under AIA 35 U.S.C. 102(a)(2)?
Under AIA 35 U.S.C. 102(a)(2), the following U.S. patent documents qualify as prior art: U.S. patents U.S. patent application publications Certain World Intellectual Property Organization (WIPO) publications of international applications (PCT applications) The MPEP states: “AIA 35 U.S.C. 102(a)(2) sets forth three types of patent documents that can be applied as prior art as of…
Read MoreCan a U.S. patent document with common inventors still qualify as prior art?
Yes, a U.S. patent document can still qualify as prior art under AIA 35 U.S.C. 102(a)(2) even if it has common inventors with the application under examination or patent under reexamination. MPEP 2154.01(c) states: “Even if there are one or more joint inventors in common in a U.S. patent document and the later-filed application under…
Read MoreWhat types of documents are considered “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception?
According to the MPEP, “U.S. patent documents” under the AIA 35 U.S.C. 102(b)(2)(A) exception include: U.S. patents U.S. patent application publications WIPO published applications The MPEP specifically states: This exception limits the use of an inventor’s own work as prior art, when the inventor’s own work is disclosed in a U.S. patent, U.S. patent application…
Read MoreWhat is the individual designation fee structure for international design applications designating the United States?
The United States has implemented a two-part individual designation fee structure for international design applications designating the U.S. under the Hague Agreement: 1. A first part payable at filing 2. A second part payable upon allowance of the application As stated in the MPEP, “Pursuant to Article 7(2) and Rule 12(3), the United States declared…
Read MoreWhat are the key declarations made by the United States under the Hague Agreement?
The United States made several key declarations under the Hague Agreement, including: An international design application designating the U.S. must contain a specific claim. An oath or declaration of the creator and indications of the creator’s identity are required. Deferment of publication is not possible for U.S. designations. Only one independent and distinct design may…
Read MoreWhat is the role of the U.S. Attorney General in patent material fraud cases?
The U.S. Attorney General plays a crucial role in cases of potential material fraud discovered during supplemental examination or reexamination of patents. MPEP 2819 states: “The matter will be referred to the U.S. Attorney General in accordance with 35 U.S.C. 257(e).“ This referral occurs after an internal review process within the USPTO. The Attorney General’s…
Read MoreWhat is the role of the U.S. Attorney General in patent-related material fraud cases?
What is the role of the U.S. Attorney General in patent-related material fraud cases? The U.S. Attorney General plays a crucial role in addressing material fraud cases related to patents. According to MPEP 2819: “If the Office becomes aware of a material fraud on the Office… the matter will be referred to the U.S. Attorney…
Read MoreCan a U.S. applicant file an international design application directly with WIPO?
Can a U.S. applicant file an international design application directly with WIPO? No, a U.S. applicant cannot file an international design application directly with the World Intellectual Property Organization (WIPO). According to MPEP 2905, “Applicants from the United States are not permitted to file international design applications directly with the International Bureau.” U.S. applicants must…
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